Deakin could replace Lambie, says expert

A FORMER policeman from Somerset who polled just 390 first preference votes could be parachuted into the Senate.

A FORMER policeman from Somerset who polled just 390 first preference votes could be parachuted into the Senate.

If Palmer United Party Tasmanian senator-elect Jacqui Lambie loses her seat over an allegedly illegal state election advertisement, Australia's leading constitutional law expert believes Kev Deakin would be likely to replace her.

Mr Deakin, a Waratah- Wynyard councillor, was second on the PUP ticket to Ms Lambie in last year's federal election.

She won a seat after polling 1501 first preference votes.

Usually, if a senator dies or quits during a term, their party chooses the replacement.

However, Ms Lambie is not due to take up her seat until July, when the new Senate takes effect.

University of New South Wales-based Professor George Williams yesterday pointed to precedent from 1998, when One Nation senator-elect Heather Hill was unable to take her seat because she was a British citizen.The High Court decided her preferences should be distributed, leading to One Nation's second on the ticket, Lyn Harris, being elected.

Professor Williams expected the "likely course" would be similar if Ms Lambie lost her spot.

"The party would keep the seat, but the preferences would go to the second one."

Mr Deakin said he would be prepared to take the Senate spot if Ms Lambie was sidelined.

"It would be unfortunate if that did happen to Jacqui because she is working very hard behind the scenes."

Mr Deakin is running in the state election for Braddon.

Ms Lambie's situation relates to an ad in the Hobart Mercury using images of state candidates from other parties without their consent.

It could potentially lead to penalties, which would stop her taking the Senate spot.

Ms Lambie's name was given as authorising the ad.

She maintains she never saw or approved it and has demanded an apology from the newspaper and threatened legal action against it.